Legal Opinion

Marles Carved Moulding Co. v. Stulb

Supreme Court of Pennsylvania

Decided May 7, 1906No. Appeal, No. 122PublishedCited by 4 opinions

Appeal, No. 122, Jan. T., 1905, by defendant, from judgment of C. P. No. 4, Phila. Co., June T., 1902, No. 2,525, on verdict for plaintiff in case of Maries Carved Moulding Co. v. Theodore B. Stulb. Assumpsit on a stock subscription. At the trial it appeared that the subscription paper was as follows: “ Marles Carved Moulding Company. “ Room 614 Real Estate Trust Building, Philadelphia, Pa. Capital $4,500,000 consisting of 900,000 shares of $5.00 each.

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Appeal, No. 122, Jan. T., 1905, by defendant, from judgment of C. P. No. 4, Phila. Co., June T., 1902, No. 2,525, on verdict for plaintiff in case of Maries Carved Moulding Co. v. Theodore B. Stulb. Assumpsit on a stock subscription. At the trial it appeared that the subscription paper was as follows: “ Marles Carved Moulding Company. “ Room 614 Real Estate Trust Building, Philadelphia, Pa. Capital $4,500,000 consisting of 900,000 shares of $5.00 each. Preferred stock 100,000 shares. Common stock 800,000 shares. “ Subscriptions hereunder are made upon the following understanding : “ 1. That…

1Opinion of the Court

Opinion by

Mr. Justice Brown,

The appellant subscribed for five hundred shares of the preferred capital stock of the Maries Carved Moulding Company. There were certain conditions annexed to his subscription, all of which have been complied with by the company. One of these was that he was to receive from the Real Estate Trust Company of Philadelphia, for each share of stock subscribed for by him, three shares of full paid common stock of the company. Of this condition he now complains and asks us to say that the agreement of the company that he should receive this bonus is such a fraud in the…

2Cases cited1 opinion

  1. Miller v. Hanover Junction & Susquehanna RailroadSupreme Court of Pennsylvania · 1878

3Cited by4 opinions

  1. Corporation Funding & Finance Co. v. StoffregenSupreme Court of Pennsylvania · 1919
  2. Harvey v. WeitzenkornSupreme Court of Pennsylvania · 1911
  3. Philadelphia Motor Speedway Ass'n v. SaleSuperior Court of Pennsylvania · 1918
  4. Atlas Trailers & Water Mufflers, Inc. v. McCallumTexas Supreme Court · 1929

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